08-1119Council File #Q��c�_
Green Sheet # 3060577
ORDINANCE
F_SAINT PAUL, MINNESOTA
Presented
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1 An Ordinance Amending Sections 13.04(j) and 13.06(a) of the L.egislative Code regarding the Council's Role during
2 a Declared Local Emergency
The Council of the Caty of Saint Paul does ordain:
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5 Section 13.04 of the Legislative Code is hereby amended to read as follows:
6 Sec. 13.04. Powers and duties of the direMOr.
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7 (a) Reciprocal arrangements. The director, with the consent of the mayor, shall develop proposed mutual aid
8 agreements with other political subdivisions within or outside the state for reciprocal emergency aid and
9 assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the
10 mayor for acfion and referral to the city council. Such arrangements shall be consistent with applicable state
11 statutes and the state emergency management plan, and during an emergency it shall be the duty of the
12 department and emergency forces to render assistance in accordance with the provisions of such mutual aid
13 arrangements. Any mutual aid arrangement with a political subdivision of another state shall be subject to
14 the approval of the governor.
15 (b) Risk and capabilities assessment, eta The director shall make, for the mayor, such studies and surveys of
16 the threats, risks, personnel, industries, resources, facilities and capabilities of the emergency forces of the
17 city as the mayor deems necessary to determine their capability, readiness, and adequacy for emergency
18 management and to plan for their most efficient use in time of an emergency, and to seek out training and
19 education; fiscal, physical and human resources; and partnerships that will reduce or eliminate readiness and
20 capability deficiencies.
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(c) Comprehensive plan. The d'uector shall prepare a comprehensive general plan for emergency
management activities with the city that addresses all phases of emergency and disaster management,
including, but not limited to: protection of critical infrastructure and key resources; hazard identification,
assessment and mitigation; preparation, including disaster response training and exercising; emergency
operations and disaster response actions; c�isaster recovery; and continuity of operations and essential
services The director shall present such plan to the mayor for appmval and referral to the city council for
approval. When the mayor and council by resolution have approved the plan, it shall be the duty of all
municipal agencies and all emergency forces of the city to perform the duties and functions assigned by fhe
plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate
the emergency management activities of the city, to the end that they shall be consistent and fully integzated
with the emergency management plans of other political subdivisions within the state, and compliant with
state and national directives regarding emergency and disaster management planning.
(d) Training and information programs. In accordance with the state and city emergency management plans,
the mayor, through the director, shall institute such tsaining pro�ams and public information programs and
shall take all other preparatory steps, including the partial or full mobilization of emergency management
forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the city
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37' emergency management plan in time of an emergency. He or she may, from time to time, conduct such
38 practice alerts, drills, tests, or otlier emergency management exercises as he or she may deem necessary.
39 (e) Utilize existingfacilities. The director shall utilize the personnel, services, equipment, supplies and
40 facilities of e�sting departments and agencies of the city to the max;mum elctent practicable. The officers
41 and personnel of all such departments and agencies shall, to the maximum extent pracricable, cooperate with
42 and extend such services and facilities to the local emergency management agency and to the governor upon
43 request. The head of each department and agency, in cooperation with and under the direction of the mayor,
44 through the director,-shall be responsible for the plauning and programmiug of such emergency management
45 acrivities as will involve the utilizarion of the facilities of his or her department or agency.
46 ( fl Recruit volunteers. The mayor, tluough the director, shall, in cooperation with existing city departments
47 and agencies affected, organize, recruit and train auxiliary police, auxilia.ry firefighter, emergency medical
48 personnel and any other personnel that may be required on a volunteer basis to carry out the emergency
49 , management plans of the city and state. To the extent that such emergency personnel aze zecruited to
50 augment a regulaz city department or agency for emergencies or disasters, they shall be assigned to such
51 department or agency for purposes of administration and command. The director may dismiss any
52 emergency management volunteer at any time and require the surrender of any equipment and identification
53 furnished by the city.
54 (g) Emergency facilities. Consistent with the emergency management plan, the mayor, through the director,
55 shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers,
56 and other facilities or conveyances for the caze of injured or homeless persons.
57 (h) Governor's orders etc. The director shall carry out all orders, rules and regulations issued by the
58 govemor with reference to emergency management.
59 (i) Coordinate operations. The director shall assist the mayor in the direction and coordination of the general
60 operations of all local emergency forces during a declazed local emergency in conformity with controlling
61 regulations and instructions of the mayor, the city emergency declaration and resolutions, the comprehensive
62 emergency management plan, and the state emergency management authorities. The heads of departments
63 and agencies shall be governed by the mayor's orders with respect thereto.
64 (j) Emergency operations center. Consistent with the emergency management plan, the director shall
65 provide and equip, at some suitable place in the city, a conlrol center (the "emergency operarions center")
66 and, if required by the state emergency management plan, an auxiliary emergency operations center to be
67 used during an emergency as headquarters for direction and coordination of emergency forces. He or she
68 shall arrange for representation at the center by municipal departments and agencies, public utilities and
69 other agencies or organizations authorized by federal or state authority to carry on emergency management
70 activities during a declared local emergency. He or she must allow renresentation at the center � the �
71 council for � to three members as desiQnated � the council uresident, d� a declazed local emereencv.
72 He or she shall arrange for the installation at the center of necessary facilities for communication with and
73 between heads of emergency management divisions, the stations and operating units of municipal services
74 and other agencies concerned with emergency management and for communication with other communities
75 and emergency operations centers or multi-agency coordination centers within the surrounding azea and with
76 the federal and state agencies concerned.
77 (k) Emergency powers. During the first tUirty (30) days of a national security or peacetime emergency
78 declazed pursuant to Minn. Stat. § 1231, if the legislature is in session or the govemor has coupled his or her
79 declaration of an emergency with a call for a special session of the legislature, the director may, when
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80 necessary to save life or property, require any person, except members of the federal or state military forces
81 and officers of the state or a polirical subdivision, to perform services for emergency management purposes
82 as he or she directs, and he or she may commandeer, for the time being, any motor vehicle, tools, appliances
83 or any other properry, subject to the owner's right to just compensation as provided by law.
84 (I) Representation on local, regional, and state planning entities. The director, or his or her designees, shall
85 represent the city on applicable local, rea onal, and state plauning committees, groups, boards, and entities
86 whose purpose is to plan, coordinate, integrate, and implement homeland security and emergency
87 management systems, activities, and projects in the city or in geograplucal areas of the region or state that
88 impact the city or require support by, or coordination with, city departments, organizations, or citizens.
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Section 2.
91 Section 13.06 of the Legislative Code is amended to read as follows:
92 Sec. 13.06. Emergency regulaHons.
93 (a) Mayor may declare emergency. When necessary to prevent or respond to emergencies or disaster, and
94 pursuant to state statutes, the mayor has authority to declare a local emergency. A declared local emergency
95 may not continue for more than three (3) days except by or with the consent of the city council. Such a
96 declaration must be i�ven promptly to the c� council, filed promptly by the city clerk per Minn. Stat. §
97 12.29, and given prompt general publicity.
98 (b) Mayor may promulgate regulations. Whenever necessary to meet an emergency ar to prepare for such an
99 emergency for which adequate regulations have not been adopted by the governor or the city council, the
100 mayor may by executive order promulgate regulations, consistent with applicable federal or state law or
101 regulation, respecting: the sounding of alanns; the conduct of persons and the use of property during
102 emergencies; the repair, maintenance and safeguarding of essential public seroices; emergency health, fire
103 and safety regulations; trial drills or pracrice periods required for preliminary training; and all other matters
104 which are required to protect public safety, health and welfare in emergencies.
105 (c) Porm of ezecutive order and notice. Every emergency regulation shall be in writing and signed by the
106 mayor, shall be dated, shall refer to the particular declazed local emergency to which it pertains, if so limited,
107 and shall be filed in the office of the city clerk, where a copy shall be kept posted and available for public
108 inspection during business hours. If possible, emergency orders and regulations shall also be posted
109 electronically and be made available by electronic access. Notice of the existence of such regulation and its
110 availability for inspection at the clerk's office shall be conspicuously posted at the front of the city hall or
111 other headquarters of the city and at such other places in the affected area as the mayor shall designate in the
112 executive order. Thereupon the regulation shall take effect unmediately or at such later time as may be
113 specified in the order. By like proclamation the mayor may modify or rescind any such regulation.
114 (d) Council may rescind; expiration date. The city council may rescind any such regulation by resolution at
115 any time. If not sooner rescinded, every such regulation shall expire at the end of forty (40) days after its
ll 6 effective date or at the end of the declared local emergency to which if relates, whichever occurs first. Any
117 ordinance, rule or regulation inconsistent with an emergency regulation ordered by the mayor shall be
ll 8 suspended during the period of time and to the extent that such conflict exists.
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Section 3.
This ordinance shall become effective 30 days after passage, approval, and publication.
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Requested by Depaziment of
By:
Approved
By: �
Adopted by Council: Date ������J� A
Adoption Certified by CouncIl Secretary gy:
BY� ///lAd�ir<`r /J
Approv y a o e i� u O�
By:
Office ofFinancial Services
Mayor fnr Submission to Council
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� Green Sheet Green Sheet
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Contact Person 8 Phone:
Council President Lantrv
266-8670
Must Be on Council /\qenda by (Date):
15-OCT-OS
Doc. 7ype: RESOLUTION
E-Document Required: Y
Documenf CoMacf:
ConWct Phone:
Green Sheet Green Sheet Green Sheet Green Sheet
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o�o�T-0$ i Green Sheet NO: 3060577
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Assign
Number
For
Routing
Order
0 Council �--- �
1 �COUnCil GSty� cauncil�
2 �CStv C7erk GStv Clerk i
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Total # of SignaYure Pages _(Clip Atl Lxations for Signature)
An ordinance amending Secdons t3.04(j) and 13.06(a) of the Saint Paul Legislarive Code regacding the Council's role during a
declazed local emergency.
Recommendations: Approve (A} or Reject (Rj:
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
i. Has this personffirm ever worked under a contract for this tlepartment?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/fircn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount ot
Trensaction:
Funding Source:
Financiallnformation:
(Explain)
CosURevenue Budgeted:
Activity Number:
October 8, 2008 6:02 PM Page 9